Tag: Emtala

Under federal law, specifically the Emergency Medical Treatment and Labor Act (EMTALA), a medical screening exam (MSE) must be conducted by a "qualified medical person," and for certain conditions, this can include a trained and authorized Registered Nurse (RN). The question of **can a nurse perform a medical screening exam?** depends on their level of licensure, specialized training, and the policies of their employing hospital or clinic. While an RN can perform a screening assessment under the right conditions, a Licensed Practical Nurse (LPN) generally cannot perform the initial comprehensive exam, and an Advanced Practice Registered Nurse (APRN) has a much broader scope, including the authority to diagnose.

According to federal law, hospitals that participate in Medicare and have emergency departments cannot refuse to provide a medical screening and stabilizing treatment for emergency conditions, regardless of the patient's ability to pay. Outside of these specific emergency requirements, however, the question of whether and when a doctor can refuse to treat a patient is far more complex, involving legal statutes, ethical guidelines, and established professional standards.

According to the American Medical Association, a physician is ethically obligated to respond to a patient's medical needs, especially in emergencies, but is not required to accept every new patient. The complex question of 'Does a physician have to see a patient?' involves balancing a physician's autonomy with their professional duties and a patient's need for care.

According to the Centers for Medicare & Medicaid Services (CMS), a registered nurse (RN) can act as a qualified medical personnel to perform a medical screening exam (MSE) under specific conditions. Understanding the specific criteria, however, is essential to ensure compliance with federal law (EMTALA) and state nursing practice regulations.